Study On The Application Of Compulsory Isolation Measures In The Prevention And Treatmentof COVID-19

COVID-19 infectious disease event is highly contagious,widely spread,and unpredictable,thus posing a serious threat to national security,social order stability,public safety,and the lives and health of citizens.Isolation measures,as the main administrative coercive measures to hinder the spread of virus in the prevention and control of COVID-19,are of great merit in the prevention and control of the epidemic.Although there is a legal basis for the application of administrative coercive isolation measures in China’s existing laws and regulations,these laws and regulations are far from complete.Isolation measures in the application of conflict with laws and regulations and the lack of legal basis for the phenomenon.As the epidemic is not yet over,there is no doubt that it is urgent to improve the legality and accuracy of the application of isolation measures.In this paper,the purpose of studying isolation measures in the prevention and treatment of COVID-19 is to strengthen the rule of law of isolation measures and regulate the exercise of administrative coercive power,so as to improve the legality,efficiency and accuracy of the implementation of isolation measures and achieve scientific and precise epidemic prevention.Judging from the nature,isolation measures in the prevention and treatment of COVID-19 are a kind of administrative coercive measures with both legal and medical attributes;from the normative level,the laws and regulations such as the Prevention and Control of Infectious Diseases Law,the Emergency Response Law and the Emergency Regulations for Public Health Emergencies have made specific provisions on isolation measures.By examining the implementation of isolation measures in the prevention and control of the COVID-19 epidemic,it is easy to find that many problems have arisen in the application of isolation measures.The main manifestations are the generalization of quarantine objects,different standards of quarantine,the subject of quarantine charges and standards are unknown,the absence of quarantine procedures,the lack of effective remedies,etc.These situations obviously contradict the purpose of the Constitution to protect the basic rights of citizens.Isolation measures in the specific application of procedural rules and remedies for the lack of legal basis,isolation objects,isolation standards and the existing legal provisions of the conflict.It can be seen that the rule of law in the application of isolation measures has become an urgent task.To achieve the rule of law of isolation measures,one is to apply the principle of proportionality to clarify the scope of close contacts and unify the standards of cross-regional isolation;second is to follow the basic principles of administrative procedures and the Administrative Compulsory Law on the basis of the establishment of a complete procedure for the application of isolation measures;third is in the Prevention and Control of Infectious Diseases Law by increasing the subject of the right to bring remedies,clarify the types of relief,and build a pluralistic approach to relief;fourth is According to the different ways,places and reasons of isolation,to determine the different types of isolation cost-bearing subjects and fee standards.